Agenda item

LICENSED PRIVATE HIRE DRIVER - REVIEW OF LICENCE STATUS - P MARASESCU

The Director for Place will submit a report on a licensed private hire driver review of licence status.

Minutes:

The committee –

 

(a)

considered the report from the Director for Place;

 

 

(b)

heard from Mr Marasescu that –

 

 

 

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he was sorry for what had happened and said that it was inexcusable;

 

 

 

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he had checked the tyres on the date he had been stopped and knew they were illegal but that he could not afford to put them right due to family circumstances; 

 

 

 

 

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he would check his tyres and vehicle daily from now on;

 

 

 

(c)

took the following into account –

 

 

 

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Mr Marasescu had been a licensed private hire driver since September 2009;

 

 

 

 

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in December 2012 the vehicle owned and driven by Mr Marasescu was found to be unroadworthy due to having two tyres worn to excess one of which showing the cord; another tyre was worn down to the legal limit; as a result the vehicle licence was immediately suspended;

 

 

 

 

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Mr Marasescu had been prosecuted by the Police in respect of the worn tyres and had been fined £265 and had his driving licence endorsed with three penalty points;

 

 

 

 

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Mr Marasescu had his private hire driver’s licence suspended  for three days by the committee in October 2012 in respect of various vehicle defects and had been warned as to his future conduct;

 

 

 

 

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Mr Marasescu had breached the conditions of his private hire vehicle licence as he tyres had failed to comply with the legal  requirements;

 

 

 

 

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Mr Marasescu has completed Btech in Transporting Passengers by Taxi and Private Hire;

 

 

 

 

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an inspection of his vehicle in April 2011 found not faults;

 

 

 

 

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motoring offences were relevant when considering the suitability of a person to hold or retain a licence;

 

 

 

 

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all that Mr Marasescu said;

 

 

 

 Members were concerned that –

 

 

 

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Mr Marasescu had been found with illegal tyres only 53 days after he had appeared before the committee and had his licence suspended for failing to maintain his vehicle;

 

 

 

 

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Mr Marasescu had given assurances to the committee previously that he would check his vehicle regularly;

 

 

 

 

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Mr Marasescu had checked the vehicle on the day he had been stopped and knew that his tyres were in a dangerous condition and yet had driven in appalling weather conditions with fare paying passengers.

 

The committee agreed that having taken all of the above into account it is proportionate to revoke Mr Marasescu’s private hire driver’s licence in accordance with section 19(1)(b) of the Plymouth City Council Act 1975, as he is no longer considered to be a fit and proper person to hold a licence due to his complete disregard for public safety as a result of his failure to maintain his vehicle; in addition and in light of Mr Marasescu’s repeated failure to maintain his vehicle, members could not be confident that the vehicle was safe for use as a licensed vehicle and therefore it is considered proportionate to revoke the private hire vehicle licence number 1314 in accordance with section 18(1)(b) of the Plymouth City Council Act 1975; failure to maintain a licensed vehicle is a relevant consideration under the council’s licensing objectives in relation to vehicle safety, comfort and access and to the safety and health of driver’s and the public.

Supporting documents: